Select Cases on the Law of Evidence as Applied During the Examination of WitnessesDiossy Law Book Company, 1895 - 764 pages |
From inside the book
Results 1-5 of 82
Page 20
... excluded by objection to improper questions when asked . It seems that a party having a witness on the stand may be ... exclusion was simply on the ground that the offered witness was a defendant ; and not because of any evidence that ...
... excluded by objection to improper questions when asked . It seems that a party having a witness on the stand may be ... exclusion was simply on the ground that the offered witness was a defendant ; and not because of any evidence that ...
Page 21
... exclude it . Where a witness is called to the stand , who is competent to be sworn and to testify to some matters , but ... excluded in this case might have proved , that would have constituted a separate defense for the other defendants ...
... exclude it . Where a witness is called to the stand , who is competent to be sworn and to testify to some matters , but ... excluded in this case might have proved , that would have constituted a separate defense for the other defendants ...
Page 40
... excluded . Martin Luther believed that he had a personal conflict with the devil ; Dr. Johnson was persuaded that he had heard his mother speak to him after death . In every case the judge must deter- mine according to the circumstances ...
... excluded . Martin Luther believed that he had a personal conflict with the devil ; Dr. Johnson was persuaded that he had heard his mother speak to him after death . In every case the judge must deter- mine according to the circumstances ...
Page 42
... excluded the offer , and from judg- ment for plaintiff defendant appealed . WOODRUFF , J. , [ ( DANIEL P. INGRAHAM , First Judge , and CHAS . P. DALY , LEWIS B. WOODRUFF and JOHN R. BRADY , JJ . , ) after indicating opinion for ...
... excluded the offer , and from judg- ment for plaintiff defendant appealed . WOODRUFF , J. , [ ( DANIEL P. INGRAHAM , First Judge , and CHAS . P. DALY , LEWIS B. WOODRUFF and JOHN R. BRADY , JJ . , ) after indicating opinion for ...
Page 48
... excluded , and that Spear , not having been pardoned till after full punishment , and being called to testify as to facts occurring before pardon , could not be deemed restored to competency . The U. S. Circuit Court overruled all these ...
... excluded , and that Spear , not having been pardoned till after full punishment , and being called to testify as to facts occurring before pardon , could not be deemed restored to competency . The U. S. Circuit Court overruled all these ...
Other editions - View all
Select Cases on the Law of Evidence as Applied During the Examination of ... Austin Abbott No preview available - 2018 |
Select Cases on the Law of Evidence As Applied During the Examination of ... Austin Abbott No preview available - 2015 |
Select Cases on the Law of Evidence: As Applied During the Examination of ... Austin Abbott No preview available - 2015 |
Common terms and phrases
action admissible admitted affirmed the judgment alleged answer Appeals affirmed asked Atlantic Rep attorney behalf called circumstances claimed Code common law comparison conversation Court of Appeals cross-examination damages deceased declarations deed defendant defendant's counsel dence direct examination entries error to allow evidence exception taken excluded expert facts genuine give given Greenl ground handwriting held husband impeach incompetent incompetent evidence injuries intent interest intestate issue jury knowledge Louisa F matter memoranda memorandum ment mortgage N. Y. Supp ness Northeast Northwest Objection overruled offered opinion Pacific Rep paper physician plaintiff's counsel privilege proof proper proved purpose received recollection referred refresh his memory refuse Reported reversed the judgment rule shown Southern Rep Southwest statement statute subscribing witnesses sufficient Supreme Court sustained Term affirmed testator testify testimony tion trial judge verdict voir dire Wend writing York Court York Supreme Court
Popular passages
Page 123 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 481 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 139 - States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried ; Provided, That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify...
Page 100 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 111 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Page 293 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Page 138 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title, by assignment or otherwise...
Page 158 - The true test of the interest of a witness," says Greenleaf (volume 1, § 390), "is that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain, and vested interest, and not an interest uncertain, remote, or contingent" Substantially the same definition was given by this court in Combs
Page 49 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Page 151 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.